In this case we managed to reverse an adverse decision for our client RITUALS INTERNATIONAL TRADEMARKS B.V.
With our strategy on appeal, we evidenced clear inconsistencies contained in the first instance decision where the Trademark Office declared our opposition unfounded, and granted the registration of the counterpart’s trademark RITUAL CUIDADO ARTESANAL + GRAPHIC, as we demonstrated the error incurred by the Trademark Office by having ignored precedent decisions in which requested trademarks with the element RITUAL were denied on the basis of the acquired rights of our client through the trademark RITUALS… + GRAPHIC.
Additionally, we managed to demonstrate the evident similarities between the requested trademark and our client´s trademarks.
According to the above, on appeal the Trademark Office revoked the first instance decision, upholding our initial opposition and denying the registration of the requested trademark RITUAL CUIDADO ARTESANAL + GRAPHIC in International Class 3.
Consequently, we managed to remedy and reverse an erroneous and inconsistent decision adverse to our clients’ interests, thus protecting their trademarks in the market.
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